Topline
Judge Juan Merchan paused proceedings in President-elect Donald Trump’s New York criminal case Tuesday, pushing back an anticipated ruling on whether his conviction can move forward, as well as his sentencing, in light of his presidential win.
Former President Donald Trump arrives back at Trump Tower after being convicted in his criminal ... [+]
Key Facts
Merchan paused deadlines in the case in response to a request from both prosecutors and Trump’s lawyers.
His ruling came on the day the judge was scheduled to issue a ruling on whether the guilty verdict against Trump should be thrown out, as Trump asked for the conviction to be dismissed based on the Supreme Court’s ruling giving him some immunity from criminal charges for official acts in office.
Trump was found guilty on 34 counts of falsifying business records based on hush money payments made before the 2016 election, and while his charges largely concerned activities from before he took office, Trump’s lawyers claim some evidence is covered by the Supreme Court’s immunity ruling and should not have been used at trial.
It’s been unclear how the case would move forward in light of Trump’s election, as legal experts suggested to Politico his win made it likely Merchan would delay or cancel Trump’s scheduled sentencing on Nov. 26.
Merchan asked the Manhattan district attorney’s office, which brought the charges, to file their “view of appropriate steps going forward” by Nov. 19, after prosecutors asked for more time “to assess these recent developments” following the election results.
What To Watch For
It’s unclear how prosecutors will propose the case move forward after Trump’s win, or how and when Merchan will ultimately rule on the case’s next steps. Legal experts had already predicted that even if Trump was sentenced before Inauguration Day, that sentence would likely be paused while he’s in office and he wouldn’t have to start serving it until at least 2029. Trump’s 34 felony counts are each punishable by a fine of up to $5,000 per offense and/or up to four years in prison, though legal experts have long been skeptical that Trump would face prison time as a first-time offender.
News Peg
Merchan’s ruling comes as the other criminal cases against Trump are falling apart in the wake of the former president’s electoral win. Special Counsel Jack Smith is expected to end the two federal prosecutions against Trump ahead of Inauguration Day, as the Justice Department has cited following its precedent that prohibits prosecuting sitting presidents. Smith is slated to file a status report on Dec. 2 in Trump’s federal case for trying to overturn the election on how he intends to proceed, and while he hasn’t filed anything yet in his appeal of Trump’s charges for allegedly withholding White House documents, he’s expected to end that case as well. Trump’s other state charges, in Georgia for trying to overturn the 2020 election there, are likely to be put on pause during Trump’s presidency, even though he does not have any power to pardon himself of state charges or end them as president. That means that case would not be able to go to trial until 2029 at the earliest, and Trump’s lawyers are reportedly planning to ask the court to have the charges thrown out entirely on the basis of Trump being elected president. It remains to be seen if the court will side with that request.
Key Background
A jury in New York found Trump guilty of falsifying business records in May following a weekslong trial, marking the first—and potentially only—criminal trial against the former president. Trump was indicted based on a hush money payment his ex-attorney paid to adult film star Stormy Daniels ahead of the 2016 election, which Trump then reimbursed through a series of checks paid throughout 2017. Prosecutors alleged those checks were falsely labeled as being for legal services, with a jury ultimately agreeing. Trump pleaded not guilty to the charges and has continued to decry the case against him as a witch hunt. Trump used the Supreme Court’s immunity ruling to delay his sentencing from its original date in July, filing his request to have the ruling thrown out right before his initial sentencing date and arguing the court should delay the sentencing while the issue is adjudicated. The sentencing and immunity ruling were then scheduled to take place in September, but Merchan ended up granting Trump’s request to postpone the immunity ruling and sentencing until after the election, in order to avoid any perception of political bias.
Further Reading
Supreme Court</u></a>, litigation against <a href=https://www.forbes.com/sites/alisondurkee/2024/11/12/trump-hush-money-case-including-sentencing-paused-after-presidential-win/"https://www.forbes.com/sites/alisondurkee/2024/03/21/trump-lawyers-paid-nearly-50-million-from-political-pac-since-first-indictment/?sh=1b81af132e4e%22>Donald Trump</u></a> and clashes over <a href=https://www.forbes.com/sites/alisondurkee/2024/11/12/trump-hush-money-case-including-sentencing-paused-after-presidential-win/"https://www.forbes.com/sites/alisondurkee/2023/06/23/roe-v-wade-overturned-one-year-on-heres-where-the-moneys-flowing-abortion/?sh=7538a0777028%22>abortion rights</u></a>. Durkee previously covered U.S. politics at Vanity Fair and Mic, and as a theatre journalist she served as a New York Outer Critics Circle voter. Forbes reporters follow <a href=https://www.forbes.com/sites/alisondurkee/2024/11/12/trump-hush-money-case-including-sentencing-paused-after-presidential-win/"https://www.forbes.com/sites/forbesstaff/article/forbes-editorial-values-and-standards/?sh=423d83a533ea%22>company ethical guidelines</u></a> that ensure the highest quality. Follow her for continued coverage of Trump’s ongoing legal issues, the 2024 election and major cases at the Supreme Court.</p>">
